Indiana Register - October 1, 2005

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Disclaimer: The individual documents were created from the files used to produce the official CD-ROM Indiana Register. Access documents in PDF format by clicking on (PDF).October 1, 2005, Volume 29, Number 1, Pages 1-444 (PDF)

Amends 355 IAC 4-2-2 and 355 IAC 4-2-8 to delete references to a turf pest control technician examination that no longer exists and to eliminate the requirement to have both an applicant's and his or her supervisor's signature on an application form to become a registered technician.

Amends 355 IAC 4-5-1 through 355 IAC 4-5-3 to clarify activities authorized to be performed by individuals holding a Category 7b for hire applicator license or technician registration, to add a definition of termiticide, to clarify the type and scope of information required to be kept as part of the termiticide application records, and to add a requirement for applicators to file customer disclosure forms with the state chemist, and deletes the one year experience and termiticide application record submission requirement for licensing, redundant technician registration procedures that are addressed more accurately in another rule, and redundant noncertified applicator supervision requirements that are addressed more accurately in another rule. Repeals 355 IAC 4-5-4, 355 IAC 4-5-5, 355 IAC 4-5-6, and 355 IAC 4-5-11.

Amends 355 IAC 4-6-1 and 355 IAC 4-6-3 to delete redundant licensed applicator for hire supervision requirements that are addressed more accurately in another rule, to delete redundant technician registration procedures that are addressed more accurately in another rule, and to delete redundant uncertified applicator supervision requirements that are addressed more accurately in another rule. Repeals 355 IAC 4-6-2, 355 IAC 4-6-4, 355 IAC 4-6-6, and 355 IAC 4-6-10.

Title 405 Office of the Secretary of Family and Social Services -- #04-319 (PDF)

Amends 405 IAC 2-2-3 to require that a person have a disabling condition that has lasted or is expected to last for at least 12 months in order to qualify for Medicaid under the disabled category. Amends 405 IAC 2-9-5 to require that an individual have earned income that exceeds the $65 per month earned income disregard in order to be considered employed for purposes of the Medicaid for Employees with Disabilities program.

To repeal 50 IAC 13 regarding land valuation because 50 IAC 13 is inconsistent with 50 IAC 2.3 which incorporates by reference the Real Property Assessment Manual and Real Property Assessment Guidelines. Written comments should be addressed to Amber Merlau St. Amour, Staff Attorney, Department of Local Government Finance, Indiana Government Center-North, 100 North Senate Avenue, Room N1058(B), Indianapolis, IN 46204. Statutory authority: IC 6-1.1-31-1. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Amber Merlau St. Amour, Staff Attorney, Department of Local Government Finance, Indiana Government Center-North, 100 North Senate Ave., Room N1058(B), Indianapolis, IN 46204, (317) 233-4361, astamour@dlgf.in.gov

Amends 135 IAC 2. The Indiana Finance Authority, working with the Indiana Department of Transportation, intends to amend rules for the Indiana East-West Toll Road published currently at 135 IAC 2. The Authority intends to amend the current toll rate structure on the Indiana Toll Road and amend certain terms and phrases and other provisions of the current rules to reflect current law, usage, and circumstance. Public comments are invited. Comments should be directed to the Small Business Regulatory Coordinator. Statutory authority: IC 8-9.5-8-9; IC 8-15-2-14; IC 8-15-2-17; IC 8-15-2-17.2. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Mr. Brad L. Moore, One North Capitol, Suite 900, Indianapolis, Indiana 46204, (317) 233-6796, bmoore@idfa.in.gov

Amends 312 IAC 16-5-4 to authorize the director of the Department of Natural Resources to grant a variance from the requirement to install an intermediate string of casing from the surface to a point fifty (50) feet below the mine floor, whether drilled through a pillar or not. Such variance is authorized under specific circumstances upon receipt of a written application for variance from a person proposing to drill a well for oil and gas purposes on land underlaid by an inactive underground mine or within the permit boundaries of an active underground mine. Also amends 312 IAC 16-5-5 to correct an administrative code citation. Public questions and comments may be sent to the Division of Hearings, Natural Resources Commission, 402 West Washington Street, Room W272, Indianapolis, Indiana 46204, by e-mail at jkane@nrc.in.gov, or by telephone at (317) 232-4699. Statutory authority: IC 14-10-2-4; IC 14-37-3. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Brock A. Mayes, Department of Natural Resources, Division of Reclamation, R.R. #2 Box 129, Jasonville, Indiana 47438, (812) 665-2207, bmayes@reclamation.dnr.state.in.us

Amends 312 IAC 11-5-2 that governs lawful nonconforming uses for structures subject to licensure under IC 14-26-2 (commonly known as the "Lakes Preservation Act"). Provides greater specificity to the processes used to evaluate lawful nonconforming uses. Specifies that the person claiming a lawful nonconforming use has the burden for establishing conformity and provides two years for the submission of documentation. Specifies that the department of natural resources has the burden for establishing that a lawful nonconforming use should be terminated if the department contends it is a nuisance or has been abandoned. Clarifies that a temporary structure can qualify as a lawful nonconforming use and acknowledges that the seasonal removal of a structure does not constitute abandonment. Effective January 1, 2007. Public questions or comments may be sent to the Division of Hearings, Natural Resources Commission, Indiana Government Center-South, 402 West Washington Street, Room W272, Indianapolis, IN 46204; (317) 233-3322; slucas@nrc.in.gov. Statutory authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Stephen L. Lucas, Division of Hearings, Natural Resources Commission, Indiana Government Center-South, 402 West Washington Street, Room W272, Indianapolis, IN 46204, (317) 233-3322, slucas@nrc.in.gov

Amends 410 IAC 21-3 to add additional health care providers as persons required to report to the registry and add hearing loss conditions to those birth problems that must be reported. Written comments may be submitted to the Indiana State Department of Health, Community and Family Health Services Commission, 2 North Meridian Street, #8C, Indianapolis, Indiana 46204. Statutory authority: IC 16-38-4-7. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Nancy Meade, R.D., M.P.H., Indiana State Department of Health, 2 North Meridian Street, Indianapolis, Indiana 46204, (317) 233-7827, nmeade@isdh.in.gov

The rule will amend the definition of bloodborne pathogens, add a definition of HCV, and update the sterilization requirements for equipment and environmental surfaces. Written comments may be submitted to the Indiana State Department of Health, Information Services and Policy Commission, 2 North Meridian Street, Indianapolis, Indiana 46204. Statutory authority: IC 16-41-11-9. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Robert Teclaw, Indiana State Department of Health, 2 North Meridian Street, 5K, Indianapolis, Indiana 46204, (317) 233-7807, rteclaw@isdh.in.gov

To amend 760 IAC 1-38.1 regarding definitions, order of benefits, terms of policies, medical expenses, and to update the rule consistent with the most recent model adopted by the National Association of Insurance Commissioners. Written comments may be submitted to the Indiana Department of Insurance, Attn: Amy Strati, 311 West Washington Street, Suite 300, Indianapolis, Indiana 46204 or e-mail to astrati@doi.state.in.us. Statutory authority: IC 27-1-3-7. For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is: Amy Strati, Chief Counsel, Department of Insurance, 311 W. Washington Street, Indianapolis, IN 46204, (317) 232-143, astrati@doi.state.in.us

Adds 105 IAC 13 to establish a formal procedure for relocations of utility facilities by providing for an exchange of information between the users of state highway right-of-way, transportation contractors and the Department.

Adds 410 IAC 27 to establish rules pertaining to the operation and management of birthing centers as well as establishing minimum licensing qualifications and establishing requirements for sanitation standards, staff qualifications, necessary emergency equipment, procedures to provide emergency care, quality assurance standards, and infection control, to prescribe the operating policies, supervision, and maintenance of medical records, to establish procedures for the issuance, renewal, denial, and revocation of licenses while addressing the form and content of the license and the collection of an annual license fee, and to address procedures and standards for inspections.

Adds 410 IAC 26 to establish rules pertaining to the operation and management of abortion clinics as well as establishing minimum licensing qualifications and establishing requirements for sanitation standards, staff qualifications, necessary emergency equipment, procedures to provide emergency care, quality assurance standards, and infection control, to prescribe the operating policies, supervision, and maintenance of medical records, to establish procedures for the issuance, renewal, denial, and revocation of licenses while addressing the form and content of the license and the collection of an annual license fee, and to address procedures and standards for inspections.

Amends 470 IAC 3.1 to clarify and revise the language of the article to comply with new federal legislation (Public Law 108-446) and state legislation (P.L.234-2005 and P.L.246-2005). Amends 470 IAC 3.1-1-18 and 470 IAC 3.1-3-1 to redefine the "LPCC" to reflect a regional planning and coordination group instead of a county-based group. Amends 470 IAC 3.1-7-1 and 470 IAC 3.1-7-2 to revise the definition of eligibility. Amends 470 IAC 3.1-12-2 and 470 IAC 3.1-12-7 to clarify when third party payors may be billed for early intervention services. Amends 470 IAC 3.1-15-10 to comply with federal regulations (34 CFR 303.425). Repeals 470 IAC 3.1-7-3 to remove the biologically at-risk category as eligible for early intervention services.

Amends 760 IAC 1-68 regarding the requirements for financial statements, net worth, applications, board of directors, open enrollment, place of business, stop loss coverage, benefits, and renewal of a registration as well as the general requirements for limited service multiple employer welfare arrangements.

Adds 848 IAC 7 concerning the requirements for a program for the rehabilitation of impaired registered nurses or impaired licensed practical nurses and requirements for participation in a program for the rehabilitation of impaired registered nurses or licensed practical nurses.

Adds 856 IAC 1-39 to implement rules based on Senate Enrolled Act 206 (P.L.122-2005) to establish the definitions, requirements for the licensure of home medical equipment services providers, license renewal requirements, fees including fees for the application, issuance, and renewal of license, and standards regarding the safety and quality of home medical equipment services.

Adds 856 IAC 1-40 to implement rules based on Senate Enrolled Act 590 (P.L.204-2005) to establish definitions, standards and requirements for electronic transmissions of prescriptions, including addressing the privacy protection for the practitioner and the practitioner's patient, the security of the electronic transmission, a process for approving electronic data intermediaries for the electronic transmission of prescriptions, use of the practitioner's United States Drug Enforcement Administration registration number and protection of the practitioner from identity theft or fraudulent use of the practitioner's prescribing authority.

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to 326 IAC 6.5 and 326 IAC 6.8 concerning particulate matter emission limitations. By this notice, IDEM is soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

The Indiana Department of Environmental Management (IDEM) has developed draft rule language to amend 326 IAC 8-1-6 to exempt boat manufacturing facilities that are subject to 326 IAC 20-48 and reinforced plastics composites production facilities that are subject to 326 IAC 20-56 from 326 IAC 8-1-6. By this notice, IDEM is soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on new rules in 326 IAC 13 concerning lower-Reid vapor pressure (RVP) gasoline requirements in the nine (9) ozone nonattainment counties in Central Indiana. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 326 IAC 4-1 concerning open burning for fire extinguisher training. IDEM seeks comment on the affected citations listed and any other provisions of Title 326 that may be affected by this rulemaking.

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on the development of a new rule to modify the procedures for obtaining a variance from water quality-based effluent limits (WQBELs) so that Indiana Rules are consistent with Federal Regulations and Senate Enrolled Act (SEA) 620 and on the development of a new rule to streamline the process for obtaining a variance from the WQBELs for E. coli and chloride for publicly owned treatment works (POTWs).

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on amendments to 327 IAC 8-2-8.2, 327 IAC 8-11-1, and 327 IAC 8-12 concerning sanitary surveys, operating reports, minor corrections to classifications of water treatment plants and distribution systems, provisions for certification of site specific operators, and certified operators in responsible charge of public water systems; as well as amendments to 327 IAC 8-2.5-6, 327 IAC 8-2.5-7, 327 IAC 8-2.5-8, 327 IAC 8-2.5-9, and 327 IAC 8-2.6-6 to incorporate minor corrections to disinfectants, disinfection byproducts, and filter backwash recycling rules. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.

The Indiana Department of Environmental Management (IDEM) is soliciting public comment on the addition of new rules at 329 IAC 11.5 concerning collection of mercury switches in end-of-life vehicles. This rule adds pertinent definitions and minimum requirements for operations that plan to store, crush, bale, or dismember end-of-use vehicles, such as, auto salvage yards, junk yards, auto dismantlers, or scrap metal dealers. These operations must remove mercury switches and recycle or dispose of the mercury switches properly. The rule would also cause metal shredding operations, scrap metal recyclers, metal smelters, and steel manufacturers to only recycle scrap metal that did not contain any mercury or mercury switches.